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The undersigned hereby certifies that a writt~n notice of intention to file this Praecipe was
mailed to the Defendant on December 30, 1996 after default occurred and at least ten (10) days prior
to the filing of this Praecipe. A true and correct notice is an ached hereto,
Respectfully submitted,
KUNDRAT AND SEDOR
~/
BY:
J~ undrat, Esquire
Allorney ID No, 24958
107 Boas Street
Harrisburg, P A 17102
(717) 232-3755
JOliN II, K\'NIJIlh,. .1.\,. M I"
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HTANI.t:Y J,h, I.AHKOII'HKI
l'III1IHl'lll'IWII J,IIEllll
KllNDltA'I' & SlmOH
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IIAItHISHUItG. IIA 171 HI
11171 :134.3911
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IU:11l." TO: 107 no AS STItEE'1'
Ilc,cmhel 30, 1')%
Johll M Luddllll
I'prI\disc L1Ullbl'lIpinl\ &. CUllslru~lioll
1133 North I'hellslllll Ilrivc
Cllrlis\c.I'^ 171113
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DCIII' Mr, Luddlll\
11I1I,eOlllallce wilh I'ellllsvlvllllill Ilulcs of Civill'ru"d\lle 237,1, we IIrc cnclosinll herewith
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II lo.nllY NOlke Acwnlilll! 10 Ihe Icwrds liS Ihey llrc foulld in Ihe I'rothonolllry's Officc of
CUlllherlnml ('mllll\" you hllI'C nullilc.! ICSI1\lIlsivc plendings to tlw ('omplninllilcd pgainst you to
Ihc IIbove terllllll\llll\lIuher ^'I'onlillgly, we 1I1e l\lrwllnling tll YOlllhe enclosed Notice, We, atlhc
expirl\liun 1'1' time illlliCiUl'd heleill. willreqllestthe I'rollll'nulary's Ollke ol"Cumbcrland County to
enter judglllcnlllgaillsl YIIU illlhc 1I11111l111l sctlilllh in said (\lll1plailll
PlcaSI' Wlllacl "'" ollil'l' 10 discllss Ihis mnller lillther. 11 is our hope to amicably and
prolllplly Icsoll'C Ihis nlalll'l
JSK/lllh
endosure
cc Luis Lemke
Very lIuly yours.
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D (';" No' m.'cIIi"di.a' wllJ ~ .oc~~r'd ""Ct'~II' 'h~r '30 .k~::~'~'i. C~~:..o~" IoId'be1ore' ~~g I wee-MOt bI"r~'P<>nlibl. 'a, .
lI""~on.ga. .her 118""" 1M wlI.hou.a, CllIlomer ICknowf<<Igllt receipt and dollvery cI all 'tIlu.d marcha"d;1I .. prItIlld
Ii : Involc.. All cI"ms '"d litU1nad QOOd. MWST be '~a~od .~Y."'" ,blll,.l...~)_'!O.~!,:.!'.!I dlt. ~ '!". 25~ 01 .'~,~ InoIllh, w
(. b.I.~. dII. 'nd ply.bI. IlII by IIlI IOlh ~, 111. 1oI10WlllQ """,I~ " your 'C<OU"' ~ Plld by 10111 a' lIIa monl~ n.., lollowi"g ~
.. :PUrth... a' marChl"CllII. Grlly ,Ilt NET AMOUNT 0' Ill. .~. 'TltI"' will be "'rlble, II 1101 PI by Ill. 10th. 111. 'OCOU"' .. PI" dl
'and In dorM, .nd A LATE CHARGE OR SERVICE CHARG MAY BE MADE IN THE A OUNT OF 11/2%, CALCULATE
II': . 'ON THE 25TH DAY OF EACH MONTH ON THE BALAN E AS OF THE 25TH OAT OF THE PREVIOUS MONTH (Ie,
'I : Plym'"""d C_'lt..lld bellnCl) UNTIL PAYMENT IN FU IS MADE, DIFFERENT SfRVICE CHARGE FOR CERTAII
,.:' :,STATES SHOWN ON ReVERSE sloe. Do nol 118" IIJII '"IIDIOI unUI compl.t. ind ~ h.... Nctlvad '"d ,c"pled I~e
' ";':ptaducti purch'M(j ."d ,lIav.!!.d I~. '/Il~.,!,!," ind ,,",,,""u.i '~~.nlllntd an 7' ..'..... 11I_',. Vou .,. ,.nllll.d 10 .
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INVOICE
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LOWE'S HOME CENTE~5. INC.
MBF' 04')5
652(1 CAPLISLE F'WE, SlIITE
MECHANICSDURG pn l~O~~
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e \ou, No merchandise will be accepled for credit ahet 30 days. Please check your load botor. lesvlng I. we cannol be responsible for I
t~ .'. ahartages .her leaving our ~arehouse. CUIlomer Icknowiedges receipt and delivery of an purc:hased merchandllB II printed
.. . Invoice, All cleimo end returned good. MUST be accompanied by'thi. bill, Lowe'. regul., billing dale I. Ihe 25th 01 each month, w
,~' balance due and peyeble nil by 'he 101h 01 Ihe lollowing month, II you, eceount I. paid by the 101h 01 the monlh naxt lollowing h
, purch..e 01 merchand,se. only 'he NET AMOUNT a' the .,.,emenl will be payeble, II no' peid by the 101h. Ihe aceounl I. pasl d,
',and In delaull. end A LATE CHARGE OR SERVICE CHARGE MAY BE MADE IN THE AMOUNT OF 1 1/2%, CALCULATE
r: : ON THE 25TH DAY OF EACH MONTH ON THE BALANCE AS OF THE 25TH DATE OF THE PREVIOUS MONTH (Ie
, , peymen' and credltoto setd balance) UNTIL PAYMENT IN FULL IS MADE. DIFFERENT SERVICE CHARGE FOR CERTAI
. STATES SHOWN ON REVERSE SIDE. Do nol elgn Ihle Invoice unlll complele and yOU have received and accapted Ihe
t . ......,. product. purcha.ed and hlVI read th,' Information .and WI!,."tI" contaln,d on the fiver.. hefl!of. You Ire entitled to
~ copy at lime 01 algnalure. . , .. ,,. "
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'n C.HI;r: 0:: I r- Ar,,"D I.St.:: . NURSERY CDl,DS. '." . '::f:~~~~?4~:ff/l; /96 1\ 8::0:'41 l'
'(-': ~E:2cm:tma:m:rr .' "I" ) :t:.", :li~~
I U~l"'!..""' 'I ,~lL' I Hn I . LL 5Pi:.t:1AL. ORDER 6t'lL.I:::S Akl:. HNHL
Fr""_:i['''.,J:L~ or NDN':'FCT!.JRNABLE:' THIS F'F:ODUCT "IS' BEWG
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~ n ~~j -:- 1.,;\'_ rJF N TIFICATION OF,STORE RECEIF'T.'
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INVOICE
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lmJC'S HOI'IC CEllTCr;S. IN:.
~lE<P (14('::;
652(1 CAf;L!SLC PIlE. EU!TC
MECHANIC5~URE PA 170~~
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No merchandise wm be accepted tor credit after 30 days. Please check your load before Jeavlng II we cannel be responsible 'or any
Ihor1eges after leaving our warehouse. CUllomer aCkno,^,'edQcs receipt and dolivery of III purchased merchandise I. ponied on
Invoic., All clalml and ratume~ good. MUST be accompanlld by thll bill. lowe'l regull' billing dale '" the 25th 01 elch month. wiU.
bDlanc. due end peyeble net by 'he 10th 01 the lollowlng month, II you, account '" paid by Ill. 101h 01 the month n.1lI following Ill.
pure has. 01 merchand,.e. only the NET AMOUNT 01 the "'"'emen' will be poYlble, II not poid by Ihe 10th, the account I' PIS' due
and Indelaull. andA LATE CHARGE OR SERVICE CHARGE MAY BE MADE IN THE AMOUNT OF 11/2%, CALCJLATED
ON THE 25TH DAY OF EACH MONTH ON THE BALANCE AS OF THE 25TH DATE OF THE PREVIOUS MONTH (1m
payment and cred,tl to leid balance) UNTIL PAYMENT IN FULL IS MADE. DIFFERENT SERVICE CHARGE FOR CERTAIN
STATES SHOWN ON REVERSE SIDE. Do not Ilgn thll Involcl until compl.tl and you hlVI IIcllvld and a...plld thl
products purch...d and hive re.d the Information and wln.nUII conlllned on the nver.. herlof, You Ir. ,ntllled to ·
'copy alllme 01 algnl,ulI. ' . ,
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I Urf'CH~'~(,I<~' pHAT f LL Sr-'I:CIAL ORDER SALES ARE FINAL ,All NOI~"
F cF' "f:\,~r.'l" nF 1.J(')rl-r; CTLlRt~P"'LE:' THIS PRODUCT, IS E<r::JI-IG OF' 'ERED FEt; 11Y
"'1;1' JI~'E::' ~.r'EC H'IC,~ : Ol~:;. ~lERCH,\lm I SE MUST, BE f'ICI;CD ur B'r CUST J, ,,~r.:
~ ITI- IN '7 rlAVc nt=' Nr. T1F1C~1TTnl~ nF 'STnf'lE RECEIPT
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rc.:;:."-:~:;" ,.j~'" '.'r, , :',':::::,:':,' '~"O'wr:"'5''':flO'1 ::ENTER5. INC. '
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g(':No'm.rchiridi..'wlII ~ 'OCI~IOd Iotcr~~II' ~~;':io ~~i~~;luI c~:~~r;load':beIO,,'~~~g . we 'cannot bllllponaiblo Ill, .
~';: Iho.,.g.. .ft" 18...."11 ou" worlhollS., CUllomer acknaY.1Odgei "",!pI anddll1vo'Y 01 all 'cIIu.d m."hondi.. II prlnllld
:lnvolc.. All dorm. .M lelUlnod good. ~T be .ccpmpa~.~Y.lIIl',blll,.LD,'!'!:'.'!!II.~~:.!'!I1I 1lI10.la I!", 251~ of .o~~ monlh, W
(, ,b.lone. duo .nd pay'bll ....1 by Iht 10:h ~, th. following mo.nl~. " your .coounl II plIid by 101/1 01 Iht monlh nut following V
.purch..o 0' morchaneUo. only !hi NET AMOUNT of tIl. i~'TlInl VIlli be plIyobl.. " nol plI by 111 10th. Iht aoeoun\ II plIlI d,
. and In dlflUli, and A LATE CHARGE OR SERVICE CHARG MAY BE MADE IN THE A OUNT OF 11/2%, CALCULATE
.t': . 'ON THE 25TH DAY OF EACH MONTH ON THE BALAN E AS OF THE 25TH OAT OF THE PREVIOUS MONTH (Ie.
'I: paymlnt and Crlldlll to lAid belanco) UNTIL PAYMENT IN FU IS MADE. DIFFERENT ~AVICE CHARGE FOR CERTAII
.~ .'~;~~~~:.~:,~.:1~:.~.,~;V~~:E~~'~~~~~t.~r~l.;~~nrU~~:~~~~:07~ndi.-r.~hS~~'~:~~:':'::t~~:~ l~h'
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INVOICE
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LOWE'S HOME CENTERS, INC.
MBF' 04')5
652(1 CAF'LI5LE F'If<E. SUITE
MECHANICSDURG pn 17(15~
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B"p No m.rchandi.e will be eceepled lor credll eh.r 30 d.y.. Pl.... ch.ck your lo.d belore re.Ylng as w. cannol be responsible lor a
'-!ic :.lhor1ages atter leaving our warehouse. Customer Icknowfedgel receipt end delivery 01 an purchased merchandise as ponied
. . Invoice. All Claim. and relurned goods MUST be accompanied by 'lhl. bill. Lowe's reguler billing del. Is Ih. 251h 01 a.ch monlh. w
,~' b.'.nce due and payable nel by Ihe 101h 01 Ihe following monlh, If your lecount's p.id by Ihe 101h 01 the monlh next lollowlng h
purchase 01 m.rchandl.e. only the NET AMOUNT 01 Ihe 11.'lmonl will ba payabla, If not paid by II1e 101h. the account Is past d,
" and In de'aull. and A LATE CHARGE OR SERVICE CHARGE MAY BE MADE IN THE AMOUNT OF 11/2%, CALCULATE
r: : ON THE 25TH DAY OF EACH MONTH ON THE BALANCE AS OF THE 25TH DATE OF THE PREVIOUS MONTH (Ie
, payment and cred," 10 said balance) UNTIL PAYMENT IN FULL IS MADE. DIFFERENT SERVICE CHARGE FOR CERTAI
. STATES SHOWN ON REVERSE SIDE. Do nol Ilgn thll Invoice unlll compt.t. and you hlv. "cllved Ind acclpled lIu
t ' " ,productl purchas.d and hlv. rlld Ih. Inlormltlon ,and wlrrentlll conllln.d on lIle "V."" hereol. Vou ara antltled 10
~ . copy alllm. olllgnllu,.. '. '. . " . ,..." '. ,. . .
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F r" ,-, 1[I,.i!c'L , Dr NON':'F CTIJRNABLE," THIS fF:ODUCT "IS E<r::WG OR 'Ef"ED FER r-1Y
~. Fl _t'. L.li :"I'I;.L U"!LH IIUN;. nt:.'~ )I:ot:. nL!.:or t'L. t'!Lt.t:.l' Ut. 1:'( LUblur IL.'"
~ In ! ~J - 1"\," rJr NC TIFlCATION OF,STORE RECEIPT. .
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DING TICKET ( c. o. c.
lease check your load belore leaving as wee ~ F1-h-lA~
es reealptand delivery 01 all purchased me
Iblll,lOWe'aregularbllllngdetelsthe25tho I "IOf I-
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_ " ,ole: ~AlANCE AS OF THE 25TH DATE OF THE PREVIOUS MONn
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REVERSE SIDE, Do not algn thllloadlng tleket until complata and you hava received and ICClp' VERIFIED BY
By 1.leullng and Ilgnlng thllloadlng IIcklt and/or thl lowa'llnvolca, cultomar acelptl and a:kn DATE VERIFIED
i"arranllel printed on the rever.. hellol, '90tn
\ Fo,m 'Bi~06 (R..., g.g3) Recelvad by ~. .
CUllom.. Name:
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ORDERED BY MY SPECIFICATIO '\. .' ',. ..:........ . .
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LOWE I 5 HOME CEIHERS; . il~c.:: -."
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~ ~~, 6520 CARLISLE PlhE, SUIT~.~~
~: .:' ,'MECHANICSBURG ,_,'_ F'A. 1 JI.'",,,,
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SHE1~?SNMERCHANDISEIS S~E' "'~j;;~~~1.~~");';"~~~24:.4
ORDERED BY'MV SPECIFICA l5NS ..
AND IS NON. RNABLE
CUSTOM R IG AT E
CUllom.r Nlm.: PARAD I SE NURSERY CD IDS
ACCT-004697 '
Involc. ':8~CI4 1 Dati: 0:; 117/96
SlllImln': 08':,66 DAVID
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D.llvery In,lrucllonl:
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Elllmll.d D.llvery Dlt.: May 30 1996
D.llvery Tim.:
C VER FOR BLUE RDG 5F'A LIGHT G
1 505
182.33
COD 89244
1 505
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6520 !=ARLISLE':'::r.~I:<I:., SUITE ,.
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~ . ., ". .". '. ACCOUNT NUMBER. 469'
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PAGE 1 CO
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JOB NAME,
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1133 N PLEA5ANTllRJVE .IrA;....../.
-CARLISLE 0,' J~,~,..'.';le<1.,1.~ PA -'17013
AU. Blu.s CUE AND PAVASLf NET BY 10TH OF MONTH FOL.l.DW1NCl P\JlCllASE
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NO INOUIRIES TO
LOWE'S HOME CENTERS.
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MECHArHCSE>URG
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CARLISLE, ',. '" .:...,; PA '17013
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NJ. Blu's DUE NlO w.yAlllf ILl By 10TH Of MONTH fCXJ.OW\NCi PURCHASE
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~Dur account 'spaid by the Wlh 01 the monthnel,'ollowing 'he purchaft"'olmOfchandlie,'Unl~ the N[l AMOUNT 01 Ihe "tate
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Dl "'ADE IN mE AMOUNT or 1,5.... CAlCUlA1EO ON tH[ 2~ll1 DAY or EACti MONTH ON niE DALANCE A5 (II lIIl 2~TII
01 Ttt[ PR[VIOUS MONTH lies!. payments and credIt. tu &.'lld balance) UNT1L~AVMENT IN ruu IS MAOl. (OIHLnUH S[n
ClIAnGES rOil CERTAIN STATl:S 5110WN Otl IlEVEI1SE .,DEI . " '
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Blue Rid e Gazebos
Applle3 To: All Stores
For Yourlnformatlon and Actionl
1
We Deed your helpll We have dhcontlnued stoc1dng
gaubos fIon\ Blue Ridge, There Is DO buyback agreement
with Blue Ridge. Wc need 10 seU this Inventory u IOOIl u
possible, on de. allan ptOanm
no charlie os
p e nc DllIIIber: rOf the
customers 10 ~ ThaI number Is 1-800-393-3399. Once
YOu do make I sale please make ccl1JlD you dell vcr the
correct gazebo to fitlbe lXlrrcsponding spL The gazebos
that fit the VJlioll5 units IIIl u rouows:
unnc, lJ A..n:
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LOWE'S HOME CENTERS, INC"
PLAINTIF'F
VS
JOHN M, LUCIDON, T/D/B/A
PARADISE NURSERY AND/OR
PARADISE LANDSCAPE
AND CONSTRUCTION,
NO, 96-6004
DEFENDANTS
n ..0 0
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DEPOSITION OF: JOHN M, LUCIDON
;"-'(
-'
TAKEN BY:
BEFORE:
PLAINTIFF
Pl\'rRICIA C, BARRE'M', REPORTER
NO'rARY PUBLIC
PI,ACE :
MARCH 12, 1997, 10:00 A,M,
KUNDRAT &. SEDOR
10'1 BOAS STREET
HARRISBURG, PENNSYLVANIA
DATE:
APPEARANCES:
KUNDRAT & SEDOR
BY: STEVEN C, COURTNEY, ESQUIRE
FOR - PLAINTIFF
PRO SE
FOR . DE1~ENDANT
'-1
GEIGER a: LORIA REPORTING SERVICE, 2408 PARK DR, SUITE B. HflG" PA 17110 717-'41-1'08 OR ,.000'222...'77
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TABLB OF COln:Jn:rra
WITNBSS.
f.QR....flJilli'IlU
DIRBCT
3
John M, Lucidon
PRODUCED
EXHIBIT NO. AND MARKED
A - Document 11
B - Document 11
C - Document 12
D - Document 13
B - Document 16
GEIGER. LORIA RE.flORTING !'ERVICE. 2408 'ARK DR_. SUITE B. H8G., PA 17110 111.8.1-15Q8 OR 1'800.a22-4571
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JOHN M, LUCIDON, called as a witness, being
sworn, testified as follows:
DIRECT EXAMINATION
BY MR. COURTNEY:
Q Mr, Lucidon, have you ever been to a
deposition before?
A No, I haven't,
Q What we are going t;o do here, I am going to
ask you a series of questions, All you have to do is answer
the questions honestly and to the best of your knowledge,
If you don't know an answer to a question that I ask you,
please state that you don't know the answer,
At any time during the deposition if you would
like to take a break or whatever it; may be, let me know and
we ~Iill take a litt le recess for that period of time,
please state your name for the record?
A John Lucidon,
Q Your present address is?
A 1133 North Pheasant; Drive, Carlisle, PA,
Q Are you presently I:mployed?
A Yes,
Q What do you do for a living?
A Paradise Landscape and construction.
GEIGER 6: LORIA REPORTING SERVIce. 2408 PARK DR, SUITE D. HUG. PA 17110 717'541-1508 OR 1.000.222.4,71
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Q
What type of businl~sl3 does paradise Landscape
and Construction do?
A
Landscape work,
Mr, l,ucidon, do you remember receiving
Q
sometime in October of 1996 a Dil3trict Justice complaint
naming you as a defendant?
A In October?
Q Yes,
A Okay, yes,
Q You do remember that?
A Yes,
Q Do you remember that the plaintiff in the
matter was Lowe's Home Centers?
A
Yes.
Q
There was a hearing on this District Justice
complaint, did you attend that hearing?
A
No, I did not, I did file something against
them on it,
Q
You filed an appeal later on?
No, 1 filed -- I went in and filed some type
A
of counter euit against them,
Q
You did not appear for the District Justice
hearing. correct?
A
Yes. we missed that hearing because of the
fact that I have an illness,
GEIGER a LORIA REPORTING SERVICE. 2408 PARK DR, SUIT! B. HBG, PA l71l0 711.,..H!50B OR 1.800'222-,.,71
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Q What type of illnells did you have?
A I have gallbladder problems that I had surgery
for my gallbladder,
Q Because you did not appear for the hearing, a
judgment was entered against you?
A Right,
Q As a result of that :ludgment being entered
against you, you filed an appeal of that judgment?
A That ie correct,
Q Do you remember receiving I believe in
November of 1996 a complaint in the Court of Common Pleas of
Cumberland County?
A After I filed the appeal?
Q After YOIl filed the appeal and we served the
complaint on you?
A Yes,
Q Do you remember receiving that complaint?
A Yes,
Q Did you read the complaint?
A Yes,
Q When you read the complaint, did you notice on
the front of the complaint that it told you that you had 20
days to respond to the complaint?
A Yes.
Q l.et' s discuss the facts of the complaint.
7
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GEIGER a LORIA. REPORTING SERVICE, HOB PARK DR. SUITE B. HOG. PA 17110 117'!5"H!50B OR 1'1100'222-.817
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What was your first contact regard:lng this matter with
Lowe's Home Centers?
A
What do you mean, th.3 first contact I had?
The allegations in the complaint are based on
Q
some products that you had purchils'3d from Lowe' a Home
Center, specifically I believe it was an outdoor spa, a
gazebo, as well as related accesso~ies?
A
Yes.
Q
Under the complaint that was filed against you
in the Court of Common Pleas of Cumberland County there were
two counts, one was a breach of .;ontract, are you familiar
with that?
A
I am not certain that I had a breach of
contract, but you can go ahead and say what you like.
Q
Do you agree that you had purchased products
from the plaintiff?
1\.
yt~S .
Q
Is it not true that you made a deposit; on
appr.oximately half the value of th'3 total profit?
A
3,050, yes.
Q
Did you pay the remaining balance that is due
on your account to Lowe's Home C'3nt:er?
1\.
No, not as of yet,
Q
Why have you not paid this amount?
Because first of all, they still owed me parts
A
GEIGER a LORIA REPORTING SERVICE. 240B PARK DR, SUITE B. HBG, PA lWO 117""'I"~OB OM 1.800.222 4I!517
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on the spa originally, which I lIlt Ronald Bruce know about,
Q
Ronald Bruce is?
He is named in your r.omplaint there,
He is a sales person?
A
Q
A
A salesperson at Lowe's.
What accessories or parts were you missing?
There is locks and hardware for the cover,
Q
A
which I let Ronald Bruce know approximately the 12th of June
and he said that he would order t:h()se and have those things
UPS shipped to me the next day from that company.
Q
What wae the appro:dmate value of the parts
that you were missing?
A
probably about $50,
What else was wrong?
We also in the gazl3bo, I have everything
Q
A
written out for you if you like, in the gazebo we had
defects in the roof, The cuetomer called on three occasions
and eaid the roof was really severl31y leaking, which caused
us to go out and remedy the fact and it took three times to
do that,
Q
Dl.d you notify anybody at the Lowe's Center in
Mer.hanicsburg of the defects in th'3 roof of the gazebo?
A
Yes, we did.
Q
Who did you notify
(Discussion held off the record,)
GEIGER .!I: lORIA REPORTING SERVICE. 2408 PARK DR. SUITE B. HBG. PA l11l0 717-541'''08 OR 1-800'222'''577
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I believe it was Lois or something, Lois
A
Lumke,
o Did Lois Lumke, if that was the person you, in
fact, spoke to, did she ever get bock in contact with you?
A No, The communications back and forth were
not very good at all, We spoke with at least a half dozen
people or more,
o Were there any other defects or problems with
the products that you purchased from Lowe's?
A Yes, They were supposed to install it for us
and never did,
o You talked about the installation of the
gazebo, Specifically, how was the installation of the
gazebo to be provided?
A well, there was supposed to be somebody from
North Carolina coming up to install it with his crew and
never showed up, I think the gUY'B name was Benny Simpson
or aomething like that.
o When you speak of this individual from North
Carolina, is he associated with Lowe's?
A Yes, associated with Lowe's,
Q Do you know what h.~ does for Lowe's?
A He is an installer,
Here I have Exhibit A, which 1s the -- this
was given to us before we had purchased the gazebo, This
GEIGER a LORIA REPORTING SERVICE, 2408 PARK OR. SUITE B, HBG, PA \7\10 711.,4!-1!50B OR '.800'222'4,77
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was given to us by Ron Bruce and that will tell you about
the installation and the fact that they are discontinuing
that line,
Q
How did you come across this notice here
marked as Exhibit 1\?
A
Ron Bruce presented :It to us, He was a
salesperson for Lowe's,
We prepared everything here if you
wanted to read through this here, this will explain all of
the things,
Q
We can make a copy of that later,
I have a copy for you,
l\ccording to this Ilxhibit l\ it says that
A
Q
Lowe' B will need to provide the IlOil toll-free numbers for
the customers to call. According to Exhibit A, was it your
responsibility to call the 800 number to arrange for
assE!mbly?
A
Yes, which we did, ;\s well as Lowe's was
supposed to call too as well.
Q
You say it was Lowr~' r3 reeponsibility to
assemble the gazebo, it was not the manufacturer's
responsibility?
l\
Correct.
Q
AsidE! from the gazr~bo, the deF.ective roof as
you m~mtioned ilnd the parts that w,~re missing, were there
ilny other problema with the products that you had purchased
GEIGER 6 LORtA REPORTING SERVICE, 2408 PARK DR, SUITE 8, HOG" PA 11110 717'~41'I'08 OR l.eOO.222''''77
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from Lowe's?
A
Problems with the products, no, other than the
fact that they wet's much much late on the delivery of the
products as what they promised us.
Q
What was the promised time?
They promieed us 50 to 20 days from the
A
ordering of it, which was May 9, 1996,
Q
Was that 15 working days or regular calendar
days?
A
1.5 to 20 days they said, Also, I had ordered
this product on May the 1st at the Harrisburg store, and
that is the store that I am used tel dealing with, I ordered
it on the 1st and the 5th there was a guy Dave Sheldon
there, whose name is on all this stuff, he is the one who
originally ordered everything for us from the Harrisburg
store, I never dealt with the Ml~chanicsburg store before,
I ordered it on May the 1st in coordination
with my customer, and what ended up happening is around the
4th or Sth they contacted me and telld me that the Harrisburg
store was closing, so he had to pull that order out, Then
he said I had to reorder it through the Mechanicsburg store,
which I did at that time,
Q
These defects in the roof of the gazebo, did
you repair them yourself?
A
Yes,
GEIGER a LORIA REPORTING SERVICE, 2400 PARK DR. SUITE 8, HBG. PA 17110 717'~4H~OB OR HIOO'222'4!117
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Q What would you say would be the coet of the
repairs to the roof of the gazebo?
A Let's see,
MR. COURTNEY: Off the record,
(Document marked E:<hibit A,)
( Document marked IIxhibit B,)
BY MR. COURTNEY:
Q Mr, l,ucidon, I bring to your attention what
has been marked as Exhibit B, can you describe it for me
please?
A Yes, on 7/28/96 we wlmt out for the first time
to repair the leaks in the roof, Sl~vere leaks called in by
the customer,
We caulked the roof of the gazebo inside and
out, due to the manufacturing defects of the gazebo, l\nd
our labor was three men and 4 hours at $25 each man hour,
total of 12 man-hours, times $25 per man hour, which was
$300, The caulk material was 15 tubes of caulk at $5,29
each, which totaled 79.35,
On the second visit of 8/8/96 we re-caulked
the still leaking spots in the gazl~bo reported to us by the
customer and that was two men, 3 hours and that was, once
again, $25 per man per hour, 6 hours, 150, six tubes of
caulk at $5.29 each, 31,74.
On the third occas:Lon, still leaking but not
GEIGER A LORIA REPORTING SERVICE, 2408 PARK DR,. SUITE S, HOG" PA 17\10 111.a"H~08 OR l,eOO'22Z'.UI17
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as Heverely, we went out on 8/15/91;, We re-caulked the roof
of the gazebo, still leaking, tWl) men times 2 hours, 4 man
hours, times 25, $100; 3 tubes of r.aulk 15,87 at $5,29 per
tube, The total cost of the repairs, 676.96, which was not
billed to the customer at all.
Q
Did you pay for this out of your pocket?
A
Yes,
Q
So you went out to the residence of Mr, and
Mrs, Ford three times to replace or repair the leaking roof?
A
Yes. As you will 13el~ in the letter that I
have from Mr. and t<lrs, Ford here at the back and that was
Exhi.bit F,
MR, r.UCIDON: Let'13 mark that as Exhibit C,
( Document marked Exhibit C.)
BY MR, COURTNEY:
Q
Mr, Lllcidon, did you ever submit a copy of
this statement marked as Exhibit B to any individual at
Lowe's Home Ct~nter?
A
Not until this timl~, no,
Did you ever inform anybody at Lowe's Home
Q
Center concerning a cost involved for the repairing of the
roof?
A
NO, not the cost, but we did let them know
that there waB def."cts,
Q
You let them know that there were defects?
GEIGER a LORIA REPenTING SERVICE. 2408 PARK OR. SUITE e, HUG. PA 17110 711'5""I~OB OR 1.800.222'4517
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A Yes.
Q Dld you let them know the nature and the
extent of the defects?
A No, we did not, I would say that was pretty
hairy. Right after we had contacted them, we received some
court thing in the mail, so we kind of figured at that point
the negotiating was over.
Q You did install the gazebo yourself, with the
help of your crew?
A wlth my crew, yes, '{ou have the costs for
that:.
o The costs for?
A The installation,
o The installation of the gazebo?
A Yes,
Q Let's mark that as E:<hibit D,
(Document marked E:<h:lbit 0,)
MR, COURTNEY: Exh:lb:Lt B is his Exhibit D,
BY ~IR, COURTNEY:
Q How many men do you have working with you at
paradise Landscaping and Construct:lon?
A It varies. sometimel. 5 to 6 people during the
seaflon, At thIs particular time we had 5 men on that job,
Q old you ever submit il copy of Exhibit 0
reflecting the amount of the installation of the gazebo to
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any individual at Lowe's Home Centf~r?
A No, we didn't,
Q Did you ever inform anybody at Lowe's Home
Center that you, in fact, did the installation?
A Yes, both Lois Lumke and Ron Bruce,
Q Did you inform that you did the installation
before or after the complaint was filed against you in the
Court of Common Pleas of Cumberland County?
A Before,
Q Mr, l,ucidon, do you remember receiving in the
mail a 10 day notice informing you that you had 10 days to
file an answer to the complaint?
A Yes,
Q Did you read that?
A Not until late, AI>:r said, I was having
problems with my gallbladder, and getting ready for surgery,
Q But you did receive it?
A Yes, we did receive it,
Q You understood according to that notice that
you had 10 days to file an answer to the complaint,
otherwise, a default in judgment would be entered against
you?
A Yes, and we did call your office here and left
a message, which they said someone would get back to us, but
I guess Mr, Kundrat was out for thr~ week,
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Q
Mr, I.ucidon, do you remember receiving notice
that a judgment had been entered a!Jainst you?
A
Yes,
o
You did realize that the judgment was entered
against you as a result of your failure to answer the
complaint?
A
On the appeal?
No, it ia after the appeal when the default
o
judgement was entered against you in the Court of Common
Pleas of Cumberland County, this was subsequent to the 10
day notice?
A
This is where it get8 kind of sketchy, because
we contacted this office, which it stated on the bottom of
the letter that they had sent us, it said they wanted to
work this out amiably between both parties, so we did
contact your office here,
We then as you havl~ a copy in your other - - we
had typed up a letter to be entered into the Court, We
called the Court .:lOd they said the::e was no default judgment
entf!red at that time, Therefore. we went to the Court with
our letter, It was then entered that day, later on that day
and we sent that in we were told to send it in the mail,
but we went in person, That was on the 13th,
o
Before we get to your petition to open or
stri.ke the jUdgment, let's just tOllch base one more time on
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the precipe to enter your default judgment, You stated in
your petition to open or strike thl~ judgment that you had
contacted the Prothonotary's Office to see if a filing had
been made?
A
Rl.ght,
Q
Prior to your contacting the prothonotary's
Office, you did know that we had sent you the 10 days notice
informing you thilt a judgement would be entered against you
if you did not file an answer to the complaint?
A
Yes,
MR, COURTNEY: Let's mark thio ilS Exhibit E,
( Document marked I'xhibi t No, Ii:,)
BY MR, COURTNEY:
Q
Is that the reeponlle that you had intended to
file with the Prothonotary' S Officl~ concerning the answer to
our complaint?
A
Yes,
Q
Did you ever file this with the prothonotal'y's
Office?
A
Yes.
Q
When was that?
My attorney, Harold Irwin, did or we filed it
A
with our appeal stuff, Yes, we ~iled -- we iltte~pted to
file this the 13th I guess it wall, which was a day after,
In other words, we went in the one day and they said that
GEIGER a: LORIA REPORTING SERVICE. 2..00 PARK DR. SUITE D, HBG. PA 17"0 717.54101509 OR \.800'222'4577
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they already had a judgement entl~rl~d against us, in the
aftf!rnoon.
o I believe accordinH to your petition that you
stat.e that you had intended to f:lll~ a respollse on the 14th
of January?
A That is what they told us,
o However, on the 13th of January default
judgement had been entered against you?
A Right, we had call1~d that morning before that,
right, We attempted to file it at that time. At t.hat point
we were advised by the prothonotary's Office that we should
seek legal counsel in getting this order stricken from the
Court so that we could pursue this matter,
This was filed -- this was actually filed in
the Courts with the, ,
o When you make reference to this, you are
making reference to Exhibit E was filed along with your
petition to strike --
A Right, We would like to have a recess,
(Discussion off record,)
BY NR, COURTNEY:
o Just to clarify a couple facts here, are you
saying, Mr, Lucidon, that you had intended to file a
response marked as Exhibit E to the complaint filed by
Lown'S?
GEIGER &; LORIA REPORTING SERVICE. 2400 PARK OR. SUITE O. HOG, PA 17110 717,54,.\500 OR \-800'2.22,4577
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1\ Yes,
Q You would hove filed thie answer but for the
fact that a default judgment had bl!en entered against you
the day before?
A Right, I am tel1inH you due to my health, I
was very ill during this period of time that I was leading
up to when I had gotten my surge,-y that I was not really
very timely about all this stuff,
Q what t~~e of illness were you suffering at
this time?
A I had gallbladder stones, gall stones,
Q Were you admitted to the hospital?
A Yes, several times.
Q What hospital were YI)U admitted to?
A carlisle Hospital,
Q What was the extent of your stay at Carlisle
Hospital, a couple days?
A No, well the original one was -- the ones
during that time was emergency, 130 I was admitted into the
hospital on January 29,
Q Of what year?
A This year - - last year - - this year.
Q You were admitted into the hospital the first
timo on January 29?
A No, the first time was in Novembec
_ GEIGER a LORIA R[PORTlNG SERVICE. 240B PARK DR, SUITE 8. HOG. PA 17110 717.!l4"150B OR 1.Boa.222'4!l77
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Of 1996?
Yes,
How long was that vi~lt for?
I guess overnight type thing until the
Q
A
Q
A
morning,
Q When was the next time that you were admitted
into the hospital for gallbladder problems?
A I was not admitted, :c was seeing doctors over
that period of time,
Q So you would have .-
A Were receiving treiltlnent,
Q You were receiving treatment?
A Right,
Q But you were not admitted to the hospital any
time during this period of time?
A No.
Q Were you still worJdng at Paradise Landscape
and Construction during your prohll?mS with your gallbladder?
A No, I was not,
Q Were you reviewing the files and the status of
your bueiness while you were hav:inH these health concerns?
A No, I was not,
Q But you did receivl? the 10-day notice that we
had sent you ~lrin9 this period of time?
A YE!a,
_ GEIGER a LORIA REPONTING SERVICE, 2408 PARK OR. SUITE B. HBG, PA 17110 717'!iUI!108 OR l'OOQ'222'4!H1
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Q You did read it as your stated earlier?
A Yes,
Q Mr, l,ucidon, in your petition to open or
str1ke the judgment, you make reference that you have a
bonified defense through this action?
A Yes,
Q What exactly is your defense to this action?
A Well, as far as the whole defense from the
heg1nning?
Q What is your defenBe for not paying the amount
of m:mies that are due and owing to Lowe's Home Center?
A First of all, the untimely manner in which
they promieed us delivery on these things caused quite a bit
of Eltress between me and my client as far as a new
relationship that 1: had with them,
'The jnformation that Lowe's was giving me
every day, I was .0lay1ng to my CUl3tomer because they were
aslcing because, obviously, they were paying for this job,
Every day there was something different, My customer was
really starting to get very upset.
15 to 20 days turned out to be 30 days and
then almost 2 months until we finally got the gazebo, In
the work that we Wl?re doing acco,:dlng to the 15 to 20 days
thaI: Lowe'S had told that we would have our material, we
werEJ then doing all preparation work to receive those
_ ~EIGER 81 l.ORIA REPORTING SERVICE. 2408 PARK DR SUITE B. HBG. pA 11110 717'~4HS08 OR I'BOO'222'4~77
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materials, which their delays ended up causing me to pull
off the job and come back on the j()b, pull otf the job, come
back on the job several times,
Then the other part is, the defense part is
that they didn't really give me the last part of the gazebo
until the 21st of June, we ordered it May the 9th, My
customers had a hot tub sitting on a brick patio and I could
not bring an electrician in to w:ln! the hot tub until the
gazebo was in place,
So my customers sat and looked for almost 3
weeks at this hot tub that they couldn't use, So we really
could not complete the job until these things were delivered
or ordered or whatever,
My communication with Lowe's, which we have
I also have cellular phone bills and regular phone bills
that we were calling 2, 3, 4 times a day, never getting
return calle, This Dave Sheldon that I originally ordered
this with ended up leaving the co~)any, so they turned it
over to I don't know how many different people,
We ended up having to call North Carolina and
Florida and California, It is just unbelievable the places
that we had to call just to find out what was going on,
NobOdy in Lowe's was helping us at all,
Then at that point, Iwerything arrives, on the
21st we finally got this coordinating the installation and
GEIGER a LORIA REPORTING SERVICE, 2408 PARK DR. SUITE S, HBG,. PA 17110 717'54H!lOB OR !'BOO'222'4!S11
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everything, the guy was going to have to come maybe 3 to 4
weeks more from the time that we wl~re delivered, which was
on the 21st of June, My customers at that time were like
livid, put this thing up or we are done with this contract,
So we went and installed it ourselves after
many many phone calls to Lowe's trying to coordinate this
thing before and all that,
In the meantime, Lowl~' s had closed their
Harrisburg store, and a lot of those employeee were
transferred over to the Mechanicsburg store and we were
getting the excuses that everything is up in the air,
nothing is organized there, that they are discontinuing
their product with this company,
The communications just weren't good back and
forth, which really caused me and my customer a lot of
grief,
If you go and read the letter that I gave you
that my customer gave me, they really had a lot of faith in
me to do this job, and I have al'~ays kept good
communications with them. This wall really starting to shake
our customer relationship, Then you asked me, .
Q
Let's touch on this point a couple times,
When you had purchased the gazebo from Lowe's, did they tell
you that inst.lllat!on would be p::o'lided within a certain
period of tim" fr.om delivery of. thl~ gazebo?
GEIGER a LORIA REPORTING SERVICE, 2408 PARK DR. SUITE 8. HOG., PA 171\0 111'l!4Hl!08 OR "800.222.4511
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No, they didn't, but they said that to order
it before everything was delivered, which we did do,
Q
sorry, can you clarify that for me because I
didn't understand your statement?
A
To order delivery bef.ore that it was due, that
way when it came in, it was already going to happen,
Q
Are you saying that you were to make
arrangements for the assembly of the gazebo at the time of
purchasing the gazebo?
A
Finally picking it up, yes, which was up in
the air at the tim€',
Q Did you do that?
A Yes, we did,
Now, the story that; I got from Ron Bruce and
the excuse was that this one guy, Ben simpson?
Q
YOII have to answer to the best of your
knowledge, you can't --
A
This one guy, Ben Simpson, is one rnan doing
installations for seven states, He will get there whenever
it is convenient for him type of thing, if he gets there at
all, That is where we were left,
Q
So your defense is one, the time frame
concerning thl~ i.nstall,ltion of the gazebo?
A
Ri.ght,
Q
But the gazebo was e'/entually installed?
GEIGER a lORIA REPORTING SERVICE. 2408 PARK on. SUITE B. HBG. PA 17110 711-541-1508 OR HI00'222...,77
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By us, yes,
You did pick up th~ product from Lowe's, the
A
Q
gazebo?
l\ Right,
Q You have not paid the remaining monies due to
Lowo'e for purchase of the gazebo?
A Right,
One of the reasons also is that Ron Bruce was
informed that there were parts m:lsrling, I said to Ron,
through this whole experience that we have had with you,
nothing that you people have ever said came through. At that
point on July 12, which I told him there was pieces missing,
until June 21, I still had not received my UPS shipment for
this hardware stuff for the spa,
In my conversation over the phone with Ron
Bruce several days after we picked up the gazebo, I eaid
Ron said, You have to come in and pay for this. I said, Ron
we will come in and pay for everything when we receive
everything that we agreed for,
Q Did you ever receive those missing parts?
l\ Never, He was suppol>ed to UPS them to me the
very next day, it was an overnight thing that he was
supposed to do,
Q So your defense to this judgment that was
entered against you consists of on~, the installation, and
L- GEIGER a LORIA REPORTING SERVICE. 2408 PARK DR, SUITE D. HDG_. PA 17110 717'~"H!508 OR l'OOO'222',U77
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the problems thereof of the gazebo"
A Right,
Q l\nd the missing parts?
A Right. Then the unt:lmely fashion of delivery,
if thdt has anything to do with :It.
Q You also mentioned in your petition to open or
strike the judgment that you had bl3en unfairly prevented
from pursuing your defenses, How have you been unfairly
prevented from pursuing your defl3nses?
l\
We came to file this paper here,
This paper being Exh:lbit E, right?
This is entered on our open -- to open and
Q
A
strike.
Q
But we marked it when we discussed this
earlier Exhibit E, your intent to file to defend?
l\
A-hum. We had also contacted your office here
as you had instructed in your letter or Kundrat had
instructed in their letter, their first letter that we got
from them, to resolve this matte::: as quickly as possible by
making some kind of settlement bl3tween us, which we did
call, Mr, Kundrat was out of the office they said and would
not be back for a week, we never rl3ceived a phone call in
return from him at all.
Q
When you called this office, do you know who
you had spoken with? If you don't know the answer simply
GEIGER 6: LORIA REPORTING SERVICE, 2408 PARK DR. SUITE S, HSG. PA 17110 717'~4"1!108 OR 1.8QO,222'4,17
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Bay you don't know the answer,
l\
I believe it was soml~one named Michele,
MR, COURTNEY: Off the record,
(Discussion held off the record.)
MR, COURTNEY: Baclt on the record,
BY ~lR. COURTNEY:
Q
Just to touch base one more time, Mr, Lucidon,
again, please help me out here in stating again how you have
been unfairly pursing this defenl.e'? I didn't quite
understand what your response was,
l\
First of all we call,~d your office to contact
you folks as indicated, to amicably work this matter out,
That. was before this judgment wal. entered, this default
judgment was entered, talked to someone named Michele in the
office, She said Mr, Kundrat was out of the office and
would give us a call back the following week,
We never ever until this day received a return
phone call from him addressing tllil. issue, However, we then
went to the prothonotary' s Offic,~, called the prothonotary's
Office and they told us there was nothing entered, to come
in, type up this notice of intent to defend, which we
attempted to enter at that time and then we found out that
there was a default judgment aga:Lnllt us,
Q
[,E!t:' s just go through this sequence one more
time, You do admit that you rece:Lvl~d notice of the
GEIGER a LOR'A REPORTING SERVICE, 2.08 PARK DR. SUITE S. HOG. PI. 17110 717'~41'150B OR ,-800'222'4571
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c'Jmplllint?
l\
A-hum,
And that contained in the complaint was a
o
notice for you to respond within 20 days?
A
Right,
You do admit receiving a 10-day notice whereby
o
you had 10 days to answer to the complaint?
l\
A-hum,
o
You also know that from reading the 10-day
notice that if you did not respond to the complaint within
10 clays of the date of service of that notice, a default
judgment would be entered against you?
l\
Which it was not at the time we contacted
them,
o
But you knew from reading that 10-day notice
that a default judgment would be entered against you 10 days
from the date of notice contained em the 10 -day r.otice?
A
Yes,
o
You do admit that you had attempted to file
what has been marked as Exhibit E, with the prothonotary's
after the expiration of the 10 daYl3 that we had provided to
you in the notice?
l\
I am not really sure about that, I knew that
we had contacted their office and they said to go ahead and
file it, I don't know if it was exactly after,
GEIGER 1Ii LORIA. RE,.ORTING SERVICC. 2.08 ,.ARK DR. SUITE B. HBG _ ,.A 17110 717'~4H~08 OR l-eOO-222-4577
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o Is it not true the dilte on the 10-day notice
was December )0 of 1996?
A A-hum,
o Is that a yes?
A Yes,
o You had 10 day~ from the December 30, 1996, to
file an answer, is that correct?
A Ves, It doesn't ml~an that we received that
letter though on the 30th. It WilS mailed out, postmarked on
the 30th, It was the holidays too, New Years and whatnot,
o I underetand, but from reading that notice,
you knew that you had 10 days from the date of notice
contained on the notice to file an answer?
A Right,
o From reading that notice?
A Yes.
o So 10 days from the date of notice being
December 30 of 1996, that would give you approximately until
January 9 of 1997 to file an answer within the lo-day
notice?
A A-hum,
o You had testified earlier that you attempted
to file your response on January 14 of 1997?
A Yes,
o That was --
GEIGER. LORIA R[PORTlN" SERVICE. 2~08 ,....RK DR. SUIT[ e. HBG, ,.A 17110 117-5"''''508 OR 1.800'222.4571
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A
Tho 13th, January l]th,
On January 13th, hBing that date, you
Q
attompted to f 1113 a response 4 daYlj after the expiration of
the 10 daya that was provided in the notice?
A
Yes,
Q
So your answer was in essence late as it
relatos to the 10-day not1ce that '~as provided to you?
A
According to when 1t was Bent from here, but
not according to when we received :It,
Q
But according to the 10-day notice, it goes by
the date of notice contained on that document?
A
So in reality, we maybe had 5 days, is that
what are you saying?
Q
YOIl had 10 days from the date of notice
contained on that form to file an answer?
A
We are just disput:ln!} the fact of when we got
the letter as to -- okay, like I said --
Q
Mr. Lucidon, do you deny that you owe Lowe's
Home Center money for the products that you had purchased
from them?
A
I deny the amount that I owe them,
But you do admit that you owe Lowe's Home
Q
Center
A
Somewhere along the line, yes, I do owe them,
Q
!low much do you fe,~l that you owe I,owe's for
GEIGER a LORIA REPORTING 5!R\lICE. 2408 PARK DR. SUITE B. HBG.. PA 17110 111'~41'1500 OR '-800'222-4577
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the products that were provided to you?
1\
To be honeet, I am not really sure about the
amount at this time, They were llupposed to give me an
adjusted offer, But an far as what I have involved here
with my install.,tinn, and I think we have closo to $2800
add1tional in this matter here as :ar as costs that were put
out by us.
o
So do YOll feel that you owe Lowe's Home Center
money?
l\
Some,
o
How much do you fe,~l. a ball-park estimate?
I am not sure about l;hat, We did make an
l\
offor to settle for $1500 previously, which was denied by
them and your office.
That was sent by Harold Irwin I believe,
o
What are you talking about?
About the offer fo~ :~1500,
1\
o
Mr, Lucidon, as a bUllinessman, normally in
YOU1: business when goods or servicr~s are provided to a
customer, do you expect payment fo,- those goods and services
provided by you?
A
upon satisfactory completion, yes, of the
contract. Many times we are not paid until everything 1s
fulfilled lmtil the letter,
Q
Sir, arc you sayin') that if you would provide
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services and/or goods to a customer of yours and they would
not be happy with it, you wouldn't charge them for it?
A
They would not pay, No, as is stated in the
letter that I have here about my cllstomers saying how --
Q
Are you are saying if I would ask for Bome
landscaping by your company and YOIl would providEl us a
$3,000 landscaping and I don't like it --
A
You would give me $1!;00 deposit, you would not
be required to pay the other 50 percent until your
satisfactory completion,
Q
Until I was completely satisfied to my liking?
That is correct,
I would not have to pay the remaining money?
That is correct, Then we give a 1-year
A
Q
A
warranty on everything we do as well.
MR. COURTNEY: That is all I have,
(The deposition concluded at 10:46 a,m,)
- GEIGER a: LORIA REPORTING SERVICE, 2~08 PARI< DR. SUITE B. HBG. PA 11110 717'~~1'1~OO OR 1-800-222''''77
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STATE OF PENNSYLVANIA ss,
COUNTY OF DAUPHIN
I, patricia C. Barrett, a Reporter
Notary-public, authorized to adm:ln:lster oaths within and for
the Commonwealth of Penneylvania and take depositions in the
trial of causes, do hereby certify that the foregoing is the
testimony of .John M. Lucidon,
I further certify th~t before the taking of
said deposition, the witness was duly sworn; that the
questions and answers were taken down stenographically to
the best of my ability by the said reporter patricia C,
Barrett, a Reporter Notary-public, approved and agreed to,
and afterwards reduced to typewriting under the direction of
the said Reporter,
I further certify that the proceedings and
evidence contained fully and accurately in the notes by me
on the within deposition, and that this copy is a correct
tranacript of the same,
In testimony whereof. I have hereunto
subscribed my hand this 28th day of March 1997.
/j~lhl{'1,rv ( '111l'('t/ft-
patricia C, Barrett, Reporter
My commission expires:
May 13, 1999
GEIGER a LORIA REPORTING SERVICE, 240'1 PARK DR. SUITE B. HOG, PA 17110 711'!)"'H~08 OR 1.80Q'22;hHH7
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Fd'i1"S'(LV:~':\lI
7. Because further delay jeopardized defendant's
project and relationship with his customer, and because
plaintiff was agreeing to make certain adjustments in the
price of the gazebo, defendant was required to erect and
install the gazebo himself and at his own expense, contrary
to the agreement of the plaintiff to provide such services
at no cost to defendant.
B. A copy of a summary of defendant's cost for the
construction and installation of the gazebo is attached here
to as Exhibit "B".
9. Further, during erection and installation of the
gazebo, defendant discovered that parts of the gazebo were
missing and not included in the package. Also, serious defects
in the roof of the gazebo were discovered, causing substantial
leaks in the roof of the structure, which defendant had to
repair at his own cost and expense.
10. Attached hereto is Exhibit "c" which is a summary
of defendant's expenses incurred in repairing the defective
roof of the gazebo.
11. Defendant made all attempts to contact plaintiff
to obtain the price adjustment due to the delay, the failure
of Lowe'e to coordinate with the installer to assemble the
gazebo, and because of the defects and missing parts of the
"
gazebo, so that final payment could be made to plaintiff
by the defendant.
12. Defend~nt was never able to obtain said
adjustment or a final response to his many phone calls,
though at all times he was prepared to pay the balance due
after such adjustments that were to be made.
13. Defendant's customer, seeing the day to day
work done by defendant, was fully notified of all information
and circunstance related to the project at their property;
defendant's customer has a writen letter made personally
explaining theseries of events that occurred during the contract
of the landscaping and installation of the spa and gazebo. Hereto
attached is Exhibit "0".
14. Defendant has always been doing business for
many many year.s with plaintiff, only in a different location,
so that defendant was considered a regular customer in the
Harrisburg branch.
15. Defendant's policy in business all the years has
always been ordering and purchasing products and goods and
paying cash upon purchase.
16. Defendant at any time, never and has not availed
of using a credit account, even if this was given available
to him.
.
17. Defendant always kept good business relationehip
with plaintiff in the Harrisburg store and had never, at
any time, had any problems dealing with an order or products
purchased in this store.
18. Defendant never owed any money to plaintiff in
past purchases through the years of doing business and made
sure that a professional rapport was always maintained.
>
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EXHIBIT "A"
EXHIBIT "e"
, "
James & Jacqueline Ford
1221 Aedwood Hills Circle
Carlisle PA 170I)
March IO, 1997
To Whom It May Concernl
This letter is being presented as verification of the experiences
John Lucidon, as owner of Paradise Landscaping, had in dealing with
Lowe's Home Improvement since May I, 1996 when he placed the order
for a Spa and Gazebo as part of the project we had contracted him
to complete on our property. We had previously awarded John the
contract to do our landscaping on the front of our new home and
after seeing what a wonderfully professional job he did, we had no
doubts about having him undertake a second major project for us.
We have found John to be one of those rare individuals who takes
pride in his worlt and truly cares about his customer's satisfaction:
As stated above the original order was placed on May Ist. with a
delivery date in 15-20 days. On May 5th. he was told that the order
had not been placed due to the store closing. Again he put in an
order on the 9th. of May with a promised delivery date no later than
May 29th. During this time period, he and his staff continued to
do t:1e advance preparation on the area where the Spa and Gazebo were
to be erected. After numerous store visits and phone calls in an
attempt to gain a valid delivery date, John was finally able to
pick-up the Spa on June 8th. Unfortunately the Gazebo was still
missing, putting the completion of our project even further behind
schedule. Ultimately John pioked up the Gazebo on June 2Ist. and
completed installation on the 24th. Regrettably the Gazebo roof
had serious leaking which required much additional work for John
to remedy the problem. Also, although we were promised the delivery
of missing hardware and keys for the Spa cover, Lowe's has neglected
to meet this obligation to date.
Because of our frustration with the delays of this project completion,
John felt obligated to do additional work at no cost to us in order
to preserve the satisfaction and respect he had gained from us as
customers. Any enjoyment and satisfaction we have had from our Spa
and Gazebo can be contributed solely to him and not to any member
of Lowe's management team. We have found quite the opposite to be
true in fact, Lowe's employees at any and all levels in this partic-
ular instance failed to remember an important fact-no customer--no
jobs:
Sincerely,~ ~
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copy of the agreement given to defendant by sales person
Ronald Bruce explaining the free installation program
offered to all customers purchasing this products.
4. Defendant finalized the order of a Blue Mountain
Spa and a Roanoke Gazebo and made downpayments of $3,050.56,
approximately about one half of the total cost.
5. Delivery and construction of the gazebo was
agreed by the plaintiff to be on or about 15 days after the
order; however, the gazebo was not available from the plain-
tiff until June 21,1996. At that time, defendant was first
advised that construction and installation of the gazebo by
the plaintiff as agreed could not take place for another
three to four weeks.
6. Defendant went to plaintiff's store location on
June 21, 1996, to pick up the remaining order of a gazebo,
in good faith, had all intentions to fully pay the remaining
balance owed to plaintiff.
6. At that time, plaintiff's salesperson, Ronald
Bruce, walked with defendant to the rear yard to the location
of the gazebo and directed defendant to pick up the gazebo
even without final payment since plaintiff had not yet dis-
cussed and determined how much of a price adjustment would
be extended to defendant due to plaintiffs inability to
provide and install the gazebo by the time agreed upon.
7. Because further delay jeopardized defendant's
project and relationship with his customer, and because
plaintiff was agreeing to make certain adjustments in the
price of the gazebo, defendant was required to erect and
install the gazebo himself and at hie own expense, contrary
to the agreement of the plaintiff to provide such services
at no cost to defendant.
8. A copy of a summary of defendant's cost for the
construction and installation of the gazebo is attached here
to as Exhibit "B".
9. Further, during erection and installation of the
gazebo, defendant discovered that parts of the gazebo were
miesing and not included in the package. Also, serious defects
in the roof of the gazebo were discovered, causing substantial
leaks in the roof of the structure, which defendant had to
repair at his own cost and expense.
10. Attached hereto is Exhibit "c" which is a summary
of defendant's expenses incurred in repairing the defective
roof of the gazebo.
11. Defendant made all attempts to contact plaintiff
to obtain the price adjustment due to the delay, the failure
of Lowe's to coordinate with the installer to assemble the
gazebo, and because of the defects and missing parts of the
"
gazebo, eo that final payment could be made to plaintiff
by the defendant.
12. Defendant was never able to obtain said
adjustment or a final response to his many phone calls,
though at all times he was prepared to pay the balance due
after such adjustments that were to be made.
13. Defendant's customer, seeing the day to day
work done by defendant, was fully notified of all information
and circunstance related to the project at their property;
defendant's customer has a writen letter made personally
explaining theseries of events that occurred during the contract
of the landscaping and installation of the spa and gazebo. Hereto
attached is Exhibit "0".
14. Defendant has always been doing business for
many many years with plaintiff, only in a different location,
so that defendant was considered a regular customer in the
Harrisburg branch.
15. Defendant's policy in business all the years has
always been ordering and purchasing products and goods and
paying cash upon purchase.
16. Defendant at any time, never and has not availed
of using a credit account, even if this was given available
to him.
.
17. Defendant always kept good business relationship
with plaintiff in the Harrisburg store and had never, at
any time, had any problems dealing with an order or products
purchased in this store.
18. Defendant never owed any money to plaintiff in
past purchasee through the years of doing business and made
sure that a professional rapport was always maintained.
STATEMENT
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Statement
James & Jacqueline Ford
I22I nedwood Hills Circle
Carlisle PA I70I)
March IO, I997
To Whom It May Concern I
This letter is being presented as verification of the experiences
John Lucidon, as owner of Paradise Landscaping, had in dealing with
Lowe's Home Improvement since May I, I996 when he placed the order
for a Spa and Gazebo as part of the project we had contracted him
to complete on our property. We had previously awarded John the
contract to do our landscaping on the front of our new home and
after seeing what a wonderfully professional job he did, we had no
doubts about having him undertake a second major project for us.
We have found John to be one of those rare individuals who takes
pride in his work and truly cares about his customer's satisfaction~
As stated above the original order was placed on j~ay Ist. with a
delivery date in I5-20 days. On May 5th. he was told that the order
had not been placed due to the store closing. Again he put in an
order on the 9th. of May with a promised delivery date no later than
May 29th. During this time period, he and his staff continued to
do t:1e advance preparation on the area where the Spa and Gazebo were
to be erected. After numerous store visits and phone calls in an
attempt to gain a valid deliver" date, John was finally able to
pick-up the Spa on June 8th. Unfortunately the Gazebo was still
missing, puttlng the completion of' our project even further behind
schedule. Ultimately John picked up the Gazebo on June 2Ist. and
completed installation on the 24th. Regrettably the Gazebo roof
had serious leaking which required much additional work for John
to remedy the problem. Also, although we were promised the delivery
of missing hardware and keys for the Spa cover, Lowe's has neglected
to meet this obligation to date.
Because of our frustration with the delays of this project completion,
John felt obligated to do additional work at no cost to us in order
to preserve the satisfaction and respect he had gained from us as
customers. Any enjoyment and satisfaction we have had from our Spa
and Gazebo can be contributed solely to him and not to any member
of Lowe's management team. We have found quite the opposite to be
true in fact, Lowe's employees at any and all levels in this partic-
ular instance failed to remember an important fact-no customer--no
jobs ~
Sincerely,~ ~
'76/Z-;7
/' / \7 .
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made a deposit payment of$J,05056, representing appnlximately one-half(VJ) of the total purchase
price of all items purchased by Defendant totaling approximately $6,300.00. It is denied that the
remaining balance owed by Defendant to Plaintitl'is $2,715.33. To the contrary, the balance owed
to Plaintitl'by Defendant is $3,312.73 through June 25, 1996. To date, this balance has not be paid
by Defendant.
5. Denied. It is denied Plaintitl'agreed to delivery the gazebo on or about 15 days from
the date of purchase. By way of further answer, the manufacturer typically takes about 15 working
days to deliver a product to Plaintitrs store. Delendanttook delivery of the gazebo on or about June
7, 1996. By way of a 1\1I1her answer, it is denied that constnlction and installation of the gazebo was
to be provided at no additional cost by the Plaintitr.
6. Denied. Delendant lOok delivery of the gazebo on or about June 7, 1996 without
paying the balance due and owing on his account in the amount of$3,312.73. With respect to the
other averments contained in paragraph 6 of Del end ant's Petition, after a reasonable investigation,
Plaintill'is without knowledge or infonnation sutlicientto form a belief as to the matters averred and
the same is therefore specilically denied.
7. Denied. I'laintill'specilically denies that Plailllill's salesperson, Ronald Bnlce, directed
Delendant to pick up the gazebo without making Iinal payment. To the contrary, Ronald Bnlce
direcled the Delcndanl !lllhe Customer Selviee Desk to make payment tor the remaining balance of
the purchase pricl'. Dc!clldant did not go to Ihe Customer Service Desk to make payment for the
remaining balance, but instead, I>elcndantloaded his truck with the gazebo and left without paying
the balance due. By way of lhrther answer, Plaintifl' never promised, stated or otherwise conveyed
to the Delcndantthal a price IIdjustment was to be made on the purchased price of the products.
8. Denied. Plaintil1' specilically denies that a priee adjustment to the purchase price of
the gazebo was to be made. With respect to the remaining averments contained in paragraph 8 of
Delendalll's Petition, liner II reasonable investigation, Plaintill'is without knowledge or information
sufiicient to form a belief liS to the mailers averred and the same is therefore specifically denied.
9. Denied. Plaintitl'denies that there were any delays in the delivery of the purchased
gazebo. Delivery of the gazebo was completed within the time period promised to Defendhnt. As
to the balance of averments cOl1lained in parngraph 9 of Defendant's Petition, atler a reasonable
investigation, Plaiatil1'is without knowledge or infonnation sullicielllto form a belief as to the matters
averred and the same is therel(lI'e specifically denied.
10. Denied. Aller a reasonable investigation, 1'laintil1' is without knowledge or
information sullicientto form a helief as to the matters averred and the same is therc;fore specifically
denied IInd proof thereof is demanded. By way of a thrther answer, Defendant never informed
Plaintitl' of any missing parts and/or IIny delects in the rooling section of the prefllbricated gazebo.
II. Denied. Plaintill' has no knowledge of any attempts made by Delendantto get in
contaet with Plaintitl'tor purposes of obtllining a price adjustmellt. Plaintitl'specilically denies that
a price IIdjustmenl was to be made on the purchase price of the gazebo. By way of further response,
it is also denied that Plaintill'was to install the gazebo for the Delendalll at no additional cost. As to
the other avcrments contained in paragraph II of Delendant's Petition, after a reasonable
investigation, Plairuil1'is without knowledge or intbnnation sutlicielllto lorm a belief as to the matters
averred and the same is there/tIre specilically denied.
12. Admilled in part; Denied in part. It is admilled that Delendant was never able to
obtain a price alljuslment on the purchase price of the product because Plaintitl'never told Delendant
that a price adjustment would he made, By way ofa fill1her response, Defendant was aware of the
amount due and owing to PlainlilJ'because a statement of his account with Plaintill'was mailed to him
reflecting the outstanding balance on his account. With respect to the remaining averments contained
in paragraph 12 of Dc/end ant's Petition, aller II reasonable investigation, Plaintill'is without sull1c;ent
knowledge or in/brmation to form a belief as to the mailer IIverred and the slime is therefore
speciticlllly denied.
1.1. Admitted wilh clarification It is admitted IhaIPJainti/l'liled a Complolint in the Court
of Com 111 on Pleas ofCumherland County, docket number 96-6004, on November 25, 1996, against
De/endant alleging brcach ofconlract IInd IIIi'audulent conversion, Originally, Plaintill'liIed a District
Justice Complaint on August 14, 1996. On October 7, 1996, II Judgment was entered lor Plaintill'
and against Defendant in the amount of$3,474. 73. Defendant ncver appeared nor ollered a defense
at the District Justice hearing. De/endantlater appealed the District Justices's Judgment and Plaintill'
then tiled the aloremcntioned Complllint. Further, service of the Complaint was accomplished by
U.S. mail pursuant 10 the Rules.
14. Admitted in pan; Denicd in pan. It is iIllmillcd that on December 30, 1996, Plaintill's
counsel mailed to Oc!endant il /0 Day Notice indicating that a De/hull Judgment would be entered
if the Defendllnt did not respond to the Complaint. It is also lIdmitted that enclosed with the 10 Day
Notice was a cover letter addressed to the Defendant informing him of the contcnts therein. It is
denied that the leiteI' mlliled by Plllintill's counsel suggested that the matter could be "amicably and
promptly" resolvcd. To the contrary, the letter indicated that it was the "hope" of Pill intiIT's counsel
that this present matter could be llmicably and promptly resolved.
15. Admitted in pan; Denied in pan. It is admitted that Defendant called P1aintilT's
counsel's office. By way of a lhrther answer, Plaintitl's counsel attempted to return Defendant's
telephone message, but when no one answered the phone, PllIintitl's counsel Jet a message on the
Defendant's answering mllchine. With respect to the remaining averments contained in paragraph
15 of Defendant's Petition, aner a reasonable investiglltion, Plaintitl'is without knowledge or
inlormation sutJicient to limn II helieflls to the matter averred lInd the same is therefore specifically
denied.
16. Denied. Aller II reasonable investigation, Plaintill' is without knowledge or
inforl11l1tion sullicientto lonn a belief as to the matters lIverred and the same is therefore specifically
denied.
17. Denied. Plaintill' specilically denies that any proposals lor lIn amicllble settlement were
made in regards to the ahove captioned matter. With respect to the remaining averments contained
in paragraph 17 of Delendant's Petition, aller a rellsonable investigation, Plaintill' is without
knowledge or infllrl11alion sutlicientto Illrl11 a belief as to thc mailer averred llnd the same is therelore
specifically denied.
I H Denied Aller n reasllnllhle Invcslillntllln, Plnilllill' is without knowledge or
inthnnlltion sullicientllllilnll n heliefns III the nlllller nvened nlld Ihe snme is therelore specifically
denied. By WilY oflllllrlher response, the Pl'l1thllnlllllry's llllice is not in the business of rendering
legllllldvice,
19. Admilled In pllrl: Ilenied in p1ll1. Plainlill'lldmils IhlllII Prnecipe f'br Default Judgment
WllS liled on Jllnullry 1.1, 1')1)7 Wilh 'especltllthe litheI' llvcnllents contllined in parngl'llph 19 of
Delcndall1's Pelitlon, aner IIrellSllnahle investigalion, PlllillIill'ls withont knowledge or Information
sutllclenl 10 thnlla helieflls tothe mnller llverred llnd Ihe snme is Iherelhre specilically denied. By
way Oflllln1her response, 1'llIinlill'dlles nllt hnve sul1lclelll inlhrmlllion or knowledge to form a belief
liS 10 whether II CllPY Ill' Ilclcndllnts 'I'sp"nse WllS llllllchell liS Eshihit "C"'.
20. I lI'nil'd The IIl'elllll'ntllfpnlllglllph 20 llfllelcndllnt's Petition is II conclusion of law
tll which no reSpllnSl.' Ill' pll'llllingls reqnired, hllwever, tllthe estent nn llnswer is deemed to be
required, Ihe llverml'nls lire spl.'Cilklllly denied. By WilY of a IIIr1her response, Delendant had
Illmlel'l1US OPIHlItunitil's III llpprise hiluself of the pendency of Ihese proceeding against him.
Delimdanl \VIIS nllly aWllle Ihat his Iililure III respllnd to the averments contained in the liIed
Complllint would result in III Millllt .Iudgment heing entered IIgninst him. Delendant has waived his
rillhltothe relief he nllW SCl'ks In his Pelitillnto Strike llnd Open Judgment and has not been unfairly
prevented thllll11ssel1 ing IIny delcnse
21 I knied I'luintill' spl'l'ilically denies Ihlll nil prejudice will result to Plainti/l'in the
llllllllinllllfl ll'l(ondillll's ~Inlillnlll (lpl.'n IInd Strike Judgment To the cllntrnry, prejudice will result
LOWE'S 1101\1.: CENn:I{S, INC,
1'llIhllllT
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v,
NO, 96-6004
,IOIIN 1\1, LIICIIlUN Illllhlll
I'AI{AIHSE NllnSEI{Y ANU/OI{
l'AI{AUlSE I.,\NIISC',\I'.: ,\NU
CONSTI{\/C'TION
Ih'rl'IHIIIIII
CIVIL ACTION - LAW
g;.HTIFICATE OF SERVICE
I, Slevcn (' Cllullney, Esquire, do hereby certiry that on Febnlary 24, 1997, I caused a
lmc IInd cnrrecl cnllY III' 1'IlIIntitrs Response to Delendant's Petition to Open and Strike
Jndlllllent In he selwd upnn the Ihllnwing person by depositing same in the United States Mail,
pnslllllc Jlrc"I'nid, in IlnlTishurg, Pennsylvania.
John M. Lucidon
PlIl'lldise LlIndscaping & Construction
11J.1 North Pheasant Drive
ClIrlisle, PII 170 IJ
Respectfully submitted,
By:
e n C. Courtney, Esquire
107 Boas Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
illite" Fehrullry 24, 1<)1)7
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LOWE'S HOME CENTERS, INC.,
PLAINTIFF/RESPONDENT
V,
JOHN M, LUCIDON, tjd/b/a
PARADISE NURSERY and/or
PARADISE LANDSCAPE
AND CONSTRUCTION,
DEFENDANT/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-6004 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of February, 1997, upon consideration of the
foregoing petition, IT IS ORDERED:
(1) A Rule Is Issued against respondent, Lowe's Home Centers, Inc., to show
cause why the petition to open or strike a Judgment should not be granted,
(2) Respondent shall file an answer to the petition within fifteen (15) days of
service,
(3) The petition shall be decided under Pa. Rule of CIvil Procedure 206,7.
(4) Any depositions shall be completed within thirty-five (35) days of service,
(5) Briefs shall be filed and argument shall be held on Monday, April 7, 1997,
at 11 :30 a,m" In Courtroom No, II of the Cumberland County Courthouse,
(6) Notice of the entry of this order shall be provided to all parties by
petitioner.
Edgar B, Bayley, J, \
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3. On or about May 9, 1996, defendant entered into a purchase order with plaintiff
whereby, inter alia, plaintiff agreed to furnish and install a prefabricated gazebo on a site
designated by defendant, being the residence of a third party customer of defendant's.
4. Defendant ordered other merchandise at that time and made certain
down payments, leaving a total balance due in the amount of$2,71S.33 at the time of the order.
S. Delivery and construction of the gazebo was agreed by the plaintiff to be on or
about IS days after the order; however, the gazebo was not available from the plaintiff until June
21, 1996. At that time, defendant was first advised that construction and installation of the
gazebo by the plaintiff as agreed could not take place for another three to four weeks.
6. Defendant went to plaintitrs store location on June 21, 1996, fully prepared to pay
in full the $2,713.33 balance of the contract price and take delivery of the gazebo.
7. At that time, plaintitrs salesperson, Ronald Bruce, directed defendant to pick up
the gazebo without making final payment since plaintiff had not yet determined how much ofa
price adjustment would be extended to defendant due to plaintiffs inability to provide and install
the gazebo by the time agreed upon.
8. Because defendant was already in default of his agreement with the third party
customer to have completed the project by that time and because further delay jeopardized
defendant's relationship with his customer, and because plaintiff was agl ceing to make certain
adjustments in the price of the gazebo, defendant was required to erect and install the gazebo
himself and at his own expense, contrar)' to the agreement of the plaintiff to provide such services
at no cost to defendant.
9. Defendant also was compelled to do substantial extra work for his third party
customer at no cost to the customer, in order to make up for the delay in delivery, erection and
installation of the gazebo on the property of the customer.
10. Further, during erection and installation of the gazebo defendant discovered that
parts of the gazebo were missing and not included in the package. After erection and installation
of the gazebo, serious defects in the roof of the gazebo were discovered, causing substantial leaks
in the roof of the structure, which defects defendant had to repair at his own cost and expense.
11. Defendant made numerous attempts to contact plaintiff to obtain the price
adjustment due to the delay, the failure of Lowe's to install the gazebo and because of the defects
and missing parts of the gazebo, so that final payment could be made to plaintiff by the defendant.
12. Defendant was never able to obtain said adjustment or a final response to his many
phone calls and other attempts to finalize the amount due, though at all times he was prepared to
pay the balance due after such adjustments that were to be made.
13. Plaintiff filed the instant complaint on November 25, 1996. Said complaint was
served by U.S. mail, as reference to the certificate of service filed on November 27, 1996, will
demonstrate. A copy of the certilicate of service is attached hereto as Exhibit" A" and
incorporated herein by reference.
14. Following the service of the complaint, on December 30,1996, plaintilTmailed to
defendant a ten day notice that a default judgment would be entered if defendant did not respond
to the complaint prior to the expiration thereof. Together with said notice, plaintill's counsel
provided a letter to defendant requesting that defendant contact counsel's office to discuss the
matter and suggesting that the matter could be "amicably and promptly" resolved. A copy of
plaintill's counsel's letter is attached hereto as Exhibit "B" and incorporated herein by reference.
15. Upon receipt of this notice, defendant called plaintiff's counsel's otlice to speak
with plaintiff's counsel. Defendant was told that the attorney was not in the otlice. but would
contact him upon counsel's return,
16. During this period, defendant had been suffering from a serious gall bladder
condition, requiring several doctor appointments and, for the most part, preventing him from
working during the last couple of weeks in December and first two weeks of January, 1997.
17. Due to defendant's physical condition and plaintiff's counsel's otlice
representation that he would be contacted by counsel in response to the phone calls he made at
the suggestion of counsel's and counsel's proposal of amicable settlement, defendant did not seck
legal counsel of his own at that time.
18. On January 13, 1997, having had no return call from counsel, defendant called the
Cumberland County Prothonotary seeking information about this case and suggesting that he
desired to file an answer to the complaint. At the time of his call, defendant was advised to mail
his response to the Prothonotary, since as of the time of the call, no praecipe for default judgment
had yet been liIed.
19. Defendant decided to take his response to the Prothonotary on January 14,1997
for filing, but upon doing so learned that at 3:09 p.m., on January 13, 1997, plaintill'had liIed a
praecipe for default judgment. A copy of the response which defendant intended to liIe that day is
attached hereto as Exhibit "C" and incorporated herein by reference.
20. Defendant has a bona tide defense to this action and has been unfairly prevented
from pursuing his defense as outlined above.
21. No prejudice to plaintill'will r,~sult from granting defendant instant motion to strikc
so that defendant can procced to dcfend this action on the merits.
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NOTICE Of APPEAL
COMMONWIALfH D. 'INNSYLY~NIA
COUI' D. CoMMON 'UAS
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DISTRICT JUSTICE JUDGMENT
COMMON'LIASN. 9" - L. QO^! C'~lr7(4.~
NOTIC;;; OF APPEAL
Notlc. I. gi_ thot the "",,"11on1 ho. filod in lhe obov. Courl of Common PI.o. an appeal from lhe judgment rend.r.d by th. Di.trkt Ju.tic. an tho
dote and In the co.. mentioned below.
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10088.
ThI. Notic. of Appeal, when rec.ived by the Di.trict Ju.Hc., will operot. o. 0
SUPERSEDEAS to lhe judgment fa< pa.....ian in Ihi. co...
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
lOO1(6) in action before District Justice, tie MUST
FILE A COMPLAINT within twenty (20) days oller
filing his NOTICE of APPEAL.
SigrlalulO 01 Prolhonolary Of Dcpuly
(This seetlon of /onTI to be used ONLY when appel/arll W1IS DEFENDANT fsoo PD. HC.P,J.P. No. 1001(7) In action before District Justlco.
IF NOT USED, dotach from copy 01 notico of appeal to be sorved upon appel/OO).
PRAECIPEI To Pn>thonotory
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PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO ~ILE
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NOTICE OF JUDGMENT/TRANSCRIPT
COMMONWEALTH OF PENNSYLVANIA
COl!.f\lT.~OL uCUMBER~~ND
PLAINTifF NAMlAMA()()I".~m
Il.OWE'S HOME CENTERS, INC.
6520 CARLISLE PIKE
MECHANICSBURG, PA 17055
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09-3-04
OJ NA"'. lion
1"1.1...,,
GLENN R. FARNER
5002 LENKER STREET
MECHANICSBURG, PA
DEFENDANT
...,..... 17171761-6230
17055-0000
VS,
NAl"llaIMIAlXJlllM
rpARADISE LANDSCAPING , CONSTRUCTION
1133 N. PHEASANT DR.
CARLISLE, PA 17013
L
PARADISE LANDSCAPING , CONSTRUCTION
1133 N. PHEASANT DR.
CARLISLE, PA 17013
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Docket No.: CV-0000310-96
Dale Filed: 8/14/96
THIS IS TO NOTIFY YOU THAT:
_ Jllclarnenl: .-fllILP.l.AllrrT.IT.-.
00 Judumenl was enterod lor: (Name) LOWE' S HOME CENTE~S. INC,
l!I Judgment was entered against: (Name) PARADISE LANDSCAPING , CONSTRUCTION
Inthe emount 01$ 3.474.73 on: (Date of Judgment) 10/07/96
o Judgment was entered against _.
LandlordfTonant action in the amount of $ 011
The mnoul1t 01 rent per month, as established by the District Justice, IS $
o Danmges willlle assossod on: (Date & Time)
in a
(Date of Judgment)
o This caso dismissed without prejudice,
R,)ntln ar,ears $
Damages Unjust Detention $
Damages 10 Propenyl
Residential Lease: $
Less Amt Due Defendant - $
Amounl of Judgment = $
Judgment Costs $.
Interest on Judgment $
Attoney Fees $
3.393,73
61. 00
.00
.00
3.474.73
o Possession grantad.
O Possession grantod if monoy Judgment Is not
sall~'lod hy tlmo 01 o'/iction.
[] PO'.sesslon not uranted.
o Levy is stayed for days or 0 genorally stayed.
o Objection to levy has been fIIod and hearing will be held:
Dale: Place:
TOTAL
$
Tilllll
--....-
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ANY IWHY /lI\S THE /lIOHT TO APPEAL A JUDGMENT INVOL VINO A RESIDENTIAL LEASE AND AFFECTING THE
VWVWY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF J(JjJ.GMEN.T, BY FILING A
NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COM.Mor'/PLftAS/CIVIL DIVISION
ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY 'JR A JUDGMENT INVOLVI~:A NONRESIDENTIAL LEASE
MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE
PROTHO~~TARY/CLERK OF THE tqU~~ OF COMMO~ PL~ASjl\l~L DIVISION. ! . .... .
HL1_J l, u Datil. ._nLL....ilhL\' / \ ::::d (( .'/l.LC~ . , District Juslice
I CllIllly Illallllls IS a tllll! amI cu~tftopy ollllo Illl:ord )0' 11m plll~un<llll!1S cOl1tailungtllo Judglllonl.
UJ:.J.-..lk- Dalu' . "J{/~;~ / ..;.~. .r ~-,-_, District Juslico
My commission oxplros fimt Monday ul January, 1998 . SEAL
AOI'C 31 ~.OO
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LOWE'S 1I0ME CENTERS, INC.
Plaintiff
: IN TilE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
v.
NO, 96-6004
JOliN M, LUCIDON t/d/b/ll
PARADISE NURSERY ANDIOR
PARADISE LANDSCAPE AND
CONSTRUCTION
Defendllnt
CIVIL ACTION. LAW
NOTICE TO DEFEND
YOUlIA VE BEEN SUED IN COURT, If you wish to delend against the claims set
forth in the lollowing pages, you must take action within twenty (20) days aner this Complaint
and Notice lire served, by entering a wril'.en appearance personally or by attorney and filing in
writing with the Court your de lenses or objections to the claims set lorth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be entered
against you by the Court without further notice or any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. Y Oll may lose money or property or other rights
importal1lto you.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL
liEU',
Lawyer Relerral Service
Court Administrator
Cumberland Cuunty Coul1huuse
Carlisle. I' A 17013
(717) 240-6200
; "c.:.!
LOWE'S 1I0ME CENTERS, INC,
Plaintiff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v,
NO, 96-6004
JOliN M. LUCIDON l/d/b/ll
PARADISE NURSERY AND/OR
PARADISE LANDSCAPE AND
CONSTRUCTION
Defendlllll
: CIVIL ACTION - LAW
AVISO
USTED UA smo DEMANDADO EN LA CORTE. Si usted desea delenderse de las
quejas expuestas enlas paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de
la lecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona 0 por abogado y presenlar en la Corte por escrito sus defellJas 0 sus objeciones alas
demandas en su contra.
Se Ie avisll que si no se deliende, eI caso puede proceder sin usted y la Corte puede decidir
en su contra sin mas aviso 0 notilicacion par cualquier dinero reclamado en la demanda 0 por
cualquier otra queja 0 compensllcion reclamados por eI Demandante. USTED PUEDE PERDER
D1NERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ADOGADO INMEDlATAMENTE. SI
USTED NO TIENE 0 NO CONOCE UN ADOGADO, VAYA 0 LLAME A LA
OFICINA EN LA DIRECCION ESCIUTA ADA,IO I'AI{}\ A VEIUGUAR 1l0NIlE
I'UEDE ODTENER ASISTENCIA LEGAL.
LlIwyer Rel'crrnl Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
LOWE'S HOME CENTERS, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
v,
NO, 96-6004
JOHN M. LUCIDON t/d/b/II
PARADISE NURSERY (\ND/OR
PARADISE LANDSCAPE ANI>
CONSTRUCTION
Derendllllt
CIVIL ACTION - LAW
COMI'LAINT
AND NOW. comes Plaintit1: LOWE'S HOME CENTERS, INC.. by its attorneys,
KUNDRAT & SEDOR, and states the following clIuses of action:
1. Plaintill: LOWE'S HOME CENTERS, INC. is II North Carolina corporation
authorized to do business in Pennsylvania with otlices and/or a place of business situate at 6250
Carlisle Pike, #350, Mechanicsburg, Cumberland County, Pennsylvllnia.
2. Delendant JOHN M. LUCIDON is a sole proprietor trading and doing business
under the name PARADISE NURSERY and/or PARADISE LANDSCAPING &
CONSTRUCTION and having an otlice andlor a place of business situate at 1133 North Pheasant
Drive, Carlisle. Cumberland County, Pennsylvania.
J, Phlintill'is, lInd nt nil relevnnttimes was, n wholesnle distributor of building
supplies.
4, Delendant is. lInd atllll relevlllll times was, II contractor.
5, Any and all conditions precedent to the bringing of this action has been performed
by Plaintiff.
6, The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
COUNT I
BREACII OF CONTRACT
7, On or about May 9, 1996 and again on May 17, 1996, various products, goods,
supplies, and materials (hereinaner collectively referred to as "products") were ordered by
Delendant Irom Plaintil1: Plaintill'sold and provided the products ordered by Defendant, the same
being rcprescnted by the invoices IIttached hereto and made a part hereof and collectively relerred
to liS Exhibit "A".
8, The prices charged for the products sold to Delendant as sct forth in Exhibit "A"
were the fair, reasonable, and market prices of the products, and the prices that Defendant agreed
to pay.
9, Defendant has not objected to any of these invoices and has accepted the products
provided thereby, but. despite demand, has titiled to pay for the products all to the damage of
Plail1lilI The loading tickets evidencing Delendants's acceptance of the products are attached
hereto and made a part hereof as Exhibit "B".
10, Plaintill'has maintained a statement of account keeping an aceurate and running
II1l10unt of the debits and credits fllr the sale of products sold to Delendant by PlaintitI
2
II. Plaintiff has submilled to Defendant statements of account accurately showing all
debits and credits for transactions with Defendant, said statements of account showing an amount
owing to Plaintiffof$3,312.73 through June 25, 1996. Copies of the statements of account are
attached hereto and made a part hereof and collectively referred to as Exhibit "C".
12, Pursuant to the terms and conditions of sale agreed to by Plaintiff and Defendant.
and as further stated on the invoices allached as Exhibit "B", Plaintiff is entitled to receive a
service charge of 1.5% per month on unpaid and past due amounts.
WHEREFORE, Plaintiff LOWE'S HOME CENTERS, INC. respectfully requests this
Honorable Court to enter judgment in favor of Plaintifl'and against Defendant in the amount of
$3,312.73, plus interest at the rate of 1.5% per month from June 25, 1996, the costs of this
action, and such other relief as the court deems just and proper.
COUNT II
FRAUDULENT CONVERSION
13. Plaintiff incorporates paragraphs I through 12 of its complaint as though same
were set forth at length herein.
14. The products ordered, purchased and received by Delendant and referred to in the
invoice all ached as Exhibit "A" consist primarily of an outdoor spa and gazebo.
15. Upon placing his purchase order lor the products, Defendant was required to make
a deposit payment of substantially one-half of the purchase priee, or $3,050.56.
3
,
16, Thereafter, on or about MlIY 30, 1996, Defendant lIrrivcd at Plaintitl's store
location to pick up the outdoor spa,
17. On or about May 30, 1996, Defendllnt was permitted 10 take delivery since the
deposit monies held by Plaintifl'wcr~ sut11cientto cover the cost of the spa.
IS. On or about May 30, 1996, Defendant left Plaintitl's store without making
payment for the remainder of his purchllse ordeL
19, On or lIbout June 7, 1996, Defendant again arrived at Plaintiffs store location to
pick up the gazebo.
20. On the occllsion of June 7, 1996, Defendant spoke to Ronald Bnace, a sales
associatc and employee ugent of Plaintitl: who directed the Defendant to the Customer Service
Desk to make payment for the remaining balance of the purchase price, or $3,312.73.
21. After directing Defendant to the Customer Service Desk, Ronald Bruce went
outside to the buck of the store where the gazebo WlIS located and waited for Defendant.
22, Aner speaking with Ronald Bruce, Defendant did not go to the Customer Service
Desk to make payment for the remaining balance due.
:U, Aner speaking with Ronald Bnace, Delendant drove his tnack lIround to the back
of the store, load~d the gazebo on the tnlck, and lef\ the store location without paying the balance
due.
24, Repeated attempts to contact the Defendant and to obtninllill paymentlbr the
products received have becn unsuccesslill.
4
25, De1endant's actions in removing the gazebo from Plaintill's store without making
payment were intentional and affected a willful interference with the dominion and control of
Plaintiff over its property, without justilication, whereby Plaintitl' has been deprived of its use and
possession.
26. Defendant's COli duct in removing the gazebo from Plaintill's store without making
payment in lhllwas of such an outrageous, intentionalllnd willllll nature so as to mllke
appropriate an award for punitive damages.
WHEREFORE. Plaintitl'LOWE'S HOME CENTERS, INC. respectfully requests this
Honorable Court to enter judgment in favor of Plaintill' and against Delendant in the amount of
$J,J 12.73, plus interest atlhe rule of \.5% per month from June 25. 19%, an award ofpunilive
damages in the amount of$ 1 ,000.00, the costs of this action, and such other relief as the court
deems just and proper.
KUNDRAT & SEDOR
By:
'hrist her 1. ~edd, Esquire
107 Boas Street
Harrisburg, Pennsylvania 17102
(717) 232-3755
Attorney I.D. No. 73396
Attorney for Plaintitl'
5
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hEreDi v.r~f~ tha1; the f~c~s s~~t.d in 1;hc !oregoing docum_nt arG
,
U'U" 01':,1 cct;'r..ct -::'0 t.he l::e~ t c: 'rry }:nc,.'ledg:i: I i.nCOl:mation and
,
~~Jip.!. ~ u~~erstand that !nlse stzte~ents hereir. arc made s~tjec1;
I
~r~ t~e pErlfi~:ie~ e~ 1e pa.e.E.
~~!iO~ rela<;:..ng 1;0 un~\lon,
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INVOICE
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LO~JC '5 HONC CEIlTC;; S. r NC .
NBP 04')5
652(' CAF.L!SLI: PIlE. EUITC
NECH?'lNrCSE'URC h', 1 ':'o:'~~
No merchendlae will be accepled lor credll aNer 30 daya. Pleaaa check your load be'ore leaving aa we cannot be reaponalble for any
Ihortages aNer leaving our warehouso. Customer 8c~nowledges recolpt and delivery 0' all purchased merchandise 85 printed on
Invoice. All claims and relumed goods MUST be accompanied by thil bill. Lowa'a regular billing dale la 'he 251h 01 each monlh, wllh
balance due and payable nel by Iha 10lh 01 the lollowing monlh. If your accounl la paid by .ha 10lh 01 Ihe monlh naxt following the
purchaae 01 marchandl,e. or:y Ihe NET AMOUNT 0' the alaloment will IAl payable. If nol paid by Iha 101h, tha accoun, II past due
end In defaull, and A LATE CHARGE OR SERVICE CHARGE MAY BE MADE IN THE AMOUNT OF 1 1/2%, CALCULATED
ON THE 25TH DAY OF EACH MONTH ON THE BALANCE AS OF THE 25TH DATE OF THE PREVIOUS MONTH (Iasa
payment and credila 10 .aid be lance) UNTIL PAYMENT IN FULL IS MADE, DIFFERENT SERVICE CHARGE FOR CERTAIN
STATES SHOWN ON REVERSE SIDE, Do not Ilgn thll Involcl unUI completl Ind you hlvl IIcllvld Ind Icclptld thl
product a purchued Ind havI lIad thl InlormlUon Ind wa"enUu conlllnld on thl ravoral hellor, You Ire enUUed to e
copy It Uml 01 Ilgnatura, , .
(In Form. eiS04 (5JD4) ,"
8
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AN NON"
or.- 'ER'ED 'PE&:;. MY
ur BY CUSTO Er,:
~ 1 c.:", .~."'Uf;r:
f'ATE
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1 ~OC 89251 GA:CBO 9'X13' ROANOKE'
3287.7r-: 3297.7."'
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30~5( PA-SALES T?'lX
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~[:9: (1~/'()~/96 CUS SOS
!'::! ,',: =I~l CHr'L:~ Jl;O:. ("t
Sr,\Lf:::r",:tl.j: (.;::I.,....:~~ (It:.V 1[1 SHl:::LDON
TOTAL
2f.. ': I:'" 0,01,',
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- - .--- -- ---.- --- ---- - ----- -- ---- -- ---_._- .----.--.
,
1'='-::'F.' .11.:1
717 7E€ ,~ ( I
FRO" 1I...01dES O":.!'E; "OS UI~~ .;~;: :-:.'(,
. ,... -...j! '.'. .... .' ., ,.'.',...,IJ ..:' ". '~_.I ..
(,:{::":(' -"T. :' ':";::':'~~f:'I'ShtOI1 ::E:NTERS.. INC. ..
. .'" .~:.:..\.;,;:;.~(/g:~EI _E FI/(E, SU!.TE
~ (-;: 'MECHAN'iC5E'~G F'A "1 7')5~
J.~. . . ..... ';'. ...... /;.(~ .,,'
a (':'No'm.rc:l1indi.o. will blI IOC;Ptld 101 c,adlt Ihll 30 cqr~i="i,o.a Ch~k: ~~'.;JOlId'boIO" ~~~o . WI Cannot be"'~I~ibll tor I
~ .,: 'hon.O" Iftl/ I.ovlng OUI ","ahoulo. CUltornol lC~ooi '.....'pl II1d 001/,"1}' 01 all rch'"d morchondlll I. prln,Od
. : InvolCo. All clllmo Ind iehilnOd goodl MWST be aecpmpa~led .~Y..IIlI. ,blll,_ Lo.~:a _ ~.~!I:!,!,I elltl.1I 'ha, 2SI~ 01 ."~~ month, '"
(, ballnco cllll and payabl, Ill' by Ih, 10th 01 tho lol/ow,ng mOl1I~ II your ICCOUnt I. Pl'id br 10th 01 'ha mOnlh n.., lo/low,ng U
'. :PUrchlll 01 mllChlndill, only lilt NET AMOUNT of tho I~' "'Mt "'III be Pl'Ylbl.. II not Pl' by Ill, 10th. th. aocounl II PIl' d,
and In d".ul~ end ALATE CHARGE OR SERVICE CHARG MAYBE MADE IN THE A OUNT OF 1 1/2%, CALCULATE
,. : . 'ON THE 25TH DAY OF EACH MONTH ON THE BALAN E AS OF THE 25TH OAT OF THE PRI:VIOUS MONTH (10,
( . payment and __1'10 Mid bllancl) UNTIL PAYMENT IN FU IS MADE, DIFFERENT SfRVICE CHARGE FOR CERTA"
': :.STATES SHOWN ON REVERSE SIDE, Do 1I01.lIon UJI. 'nvo~ unUl campl,," and ~ h.ve rtcelvod Ind I.capttd 'h,
. ': praduclll purchued and hava ..'d thl Inlolm.lIon Ind ~ranu.. oonlllnec. On 7' ....... "-/HI,. You Ila. anllllld 10
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CREDIT CARd () 3.31.1,73
CASH ( ) CHECK ( )
BANK
ACC.'
VERIFIED BY
DATE VERIFIED
'90171
leese chock your load before leevlng as we (
es receipt and delivery 01 all purchasad me.
,bill, Lowe's regular billing date la the 25th 0
lunlls peld by the 10th ollhe month next lollc
,
,. If not paid by the 10th, the accountla pa
, __ ..,,.,uc IN THE AMOUNT OF 11/2%, CALCUL
_" ,II" t1ALANCE AS OFTHE25TH DATE OFTHE PREVIOUS MONTI-
ualance) UNTIL PAYMENT IN FULL IS MADE, DIFFEHENT SERVICE CHARGE FOR CEI
REVERSE SIDE. Do nolalgn Ihlaloadlng IIckal unlll complele and you hava racelvad and accepl
By ..ecullng and algnlng thll loading IIcke. and/or Ih. Lowe'a Invoice, cUltom., accepta and ackn
warranll.. printed on the reva,.. hereol,
Form '99506 (R.v. 9.931 Received by
CUltom.rNam.: ~ ,:,OC,: :::: IIJ" :::::;::, / ':~, :['s ~ )\\.~i-'c),.s~9Mr:; ~CE::J~~;;~' :~:,: " ..."
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~~~_______________r____~__~_____________________r~~~__-
--
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NO INQUIRIES 10;
LOWE'S HOME CENTERS.
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0:;2':' CAF:L. I SL!::
MECHANICSeURG
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INC.
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"'ARADISE NUP.SERY CD/OS
1133 N PLEASANT DRIVE ' ,.
CARLISLE ',..' .'.' PA17013
. I.' ,...II-",.tU" .t, ",;. "or' t,. '.,-. ' "..,
ALl. BILlS DUE AND PAYABLE NET BY 10TH QF MONTH FQUOWlNG PURCHASE
B
I
DATE INVOICE NO.' TllA~SAcnON I _MOUNT I, UAU\~CE'
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.!B(I'UO~:.d, ~I\~E: REF .)~/16 :',.,,;'2 6'16.0e;'.::,.-
. 84967 1:, SALE REF 0""/16"" , . '{Ilb'",.'S!~ 6}.'g.'<se .11<> u,
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03/09/96
05/14/96
05/16/96
05/16/96
.. .
DATE INVOICE NO.. I . TRANSACTION I ,AMOUNT' I IIALANCE .
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1133 N P~EASANT DRIVE.I<,Ai.:,q'l",.I,
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'CAR~ISl.I::- QII~,1!,,".'.-1.~.MPA '1701'3
ALL BILLS DUE AND p,t,YABL!; NET BY 10TH OF MONTH FOl.l.OWING PURCHASE
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In The Court of Co~on Pleas of
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llo. q (, I - (J (10 l{ 6
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Cumberland County, ?enns~lvan1a
lIe do lolllllll1ly swear (or affil'1ll)
the Con.t1tution of the United Stat.s
wealth and that we will discharge the
that we will support, obe~ and derend
and the Constitution or this Common-
duties or our orfice with fidelity.
'.-: ..-71) /:~
l/ ,pm an
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C7
AWA1lD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
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C\o,im<'.
applicable. )
Arbitrator, dissents. (Insert name 1:
<:.
Date of Bearing:
Cl I, ...1<7 .,
I
c., /, " /97
, I
c"--
Date of Award:
~OTICE OF ENTRY OF ARD
Nov, the/t.,rl, ~ay of .s~ ei . 19.2Z.... at~, ;:2...,:1., the above
award was entered upon the dockP.t and llo~ice thereof given b~ mail to the
?arcies or t~ei~ atr~rncys.
Arbitrators' compeusaL1on to h~
paid upon appeal:
I J
[',i (r)~ '/h~, )
Prothonotary -,
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nr THE COURT OP CCMMON PLEAS
.~rlD COtTrIT'!, P3~TNSYL"ANIA
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NOTICE OF APPEAL
FROM ATilARC OF .!:!OARD CF ARBITRATORS
TO THE PRCTROrrCTAR'l: \"'."'"';,, /,1.',:' ,'.it t'" , ,
rrotice is git-'en t~t '-I"~,\,, !.(ld"'(\~}/J',:) 'If;il'\',,II,''appeals
~ror.t
the award of the board of arbitrators entered in this case on
A jury trial is demanded L:7. (ar~akk box if a Jury trial ~s
demanded. ct::'eX"n.se jury trial is ~..aiV'ed.)
I hereb:r certify that .
(1) tr~ compensation of the arbitrators r~s been paid, or
(2) application ~s been made for ~ermission to proceed L~
forma pauperis. (Stri!<e out the L,appli=ab1e clause.)
t'" "lL' .\.. "1. .,'
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j ,
APpeilant or Attorney for Appellant
NeTS: The. demand for Jury trial on appeal
from comuulsory arbitration is ~~rned
by Rule i007.1 (b). -
(b) No a'ffidaV'it or V'erification is required.